Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 150-A
Secretary as agent for service of process on non-resident non-insured employers; method and effect of service
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 8
§ 150-a. Secretary as agent for service of process on non-resident
non-insured employers; method and effect of service. Any non-insured
employer, not a resident of this state or any resident non-insured
employer who becomes a non-resident of this state after the occurrence
of any injury to an employee, who shall employ or who shall have
employed any person who shall be entitled to benefits under this
chapter, shall be deemed, by the accepting of the privilege of engaging
in work in this state, to make, constitute and appoint the secretary of
the workmen's compensation board as his or its agent for the acceptance
of process in any proceeding by any such employee or dependent or
representative of such employee, under and by virtue of this chapter;
and the acceptance of such privilege shall be a signification of such
employer that any such process issued against him or it, which is so
served, shall be of the same legal force and validity as if served upon
him or it personally within the state.

Service of such process shall be made by filing a copy of the claim
for workmen's compensation with the secretary of the board, and such
service shall be sufficient service upon such non-resident employer,
provided that notice of such filing together with copy of the claim for
workmen's compensation are forthwith sent by registered mail by the
secretary of the board to the employer to the address stated in such
claim for workmen's compensation or the last known address of the
employer.

A non-resident employer against whom claim for compensation has been
filed with the chairman under and by virtue of this chapter shall be
deemed to have consented that the appointment of the secretary of the
board as his or its agent for the acceptance of process pursuant to the
provisions of this section shall be irrevocable and binding upon his
executor or administrator. Where the non-resident employer has died
prior to the filing of a claim for workmen's compensation with the
chairman, service of process shall be made on the executor or
administrator of such non-resident employer in the same manner and on
the same notice as is provided in the case of a non-resident employer.
Where the non-resident employer has died subsequent to the service of
process made in accordance with the provisions of this section, the
proceedings under and by virtue of this chapter shall continue against
his executor or administrator upon such notice as the board shall deem
proper. The board may order such continuance as may be necessary to
afford the employer a reasonable opportunity to defend the claim.

This section shall be construed to extend the right of service of
process upon non-residents and shall not be construed as limiting any
provisions for the service of process now or hereafter existing.